The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. The Defendant did not have the record of being punished for the same kind of case, and did not commit the crime of this case in depth, and did not repeat again.

However, since there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, the crime of this case was not complied with by a police officer for about 30 minutes, and thus, the nature of the crime is heavy.

In full view of the statutory punishment for the instant crime, equity in the punishment with similar cases, and all other sentencing conditions as shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.